Samuel Garcia-Aguilar v. Eric Holder, Jr. , 423 F. App'x 700 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SAMUEL GARCIA-AGUILAR, No. 09-71936
Petitioner, Agency No. A076-710-631
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Samuel Garcia-Aguilar, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for cancellation of removal.
We dismiss the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We lack jurisdiction to review Garcia-Aguilar’s collateral challenge to his
1997 expedited removal order. See 8 U.S.C. § 1252(a)(2)(A)(1), (e)(2) (this Court
lacks jurisdiction to review expedited removal orders unless challenged in habeas
corpus proceedings); see also Avendano-Ramirez v. Ashcroft, 365 F.3d 813, 818-
19 (9th Cir. 2004) (habeas corpus review of expedited removal orders narrowly
limited).
PETITION FOR REVIEW DISMISSED.
2 09-71936